For Congress to reschedule psilocybin or MDMA, politicians would need to vote for it openly, without FDA approval giving them political cover. With midterm elections looming, most lawmakers see that vote as too risky. The result is that no new federal law changing the status of these drugs is likely to pass.
Without FDA approval providing political cover, floor votes lack the coalition needed, and broad rescheduling carries high electoral risk in a midterm year. No standalone enacted statute is the likely outcome.